Salesperson Independent Contractor Agreement Template for Austria

The Salesperson Independent Contractor Agreement is designed for businesses operating in Austria who wish to engage external sales professionals on a non-employment basis. This document is crucial when companies seek to expand their sales force without increasing their permanent employee headcount, preferring instead to work with independent contractors who manage their own business activities. The agreement carefully navigates Austrian legal requirements, particularly those set forth in the Commercial Agents Act (HVertrG) and Austrian Commercial Code (UGB), to ensure proper classification of the contractor's status. It includes comprehensive provisions for commission structures, sales territories, performance metrics, and compliance obligations while maintaining the contractor's independence. This document is particularly relevant for businesses expanding their market reach through external sales channels while minimizing employment-related obligations and risks.

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement including 'Services', 'Territory', 'Products', 'Customers'

4. Appointment and Scope of Services: Defines the contractor's appointment, sales territory, and specific services to be provided

5. Independent Contractor Status: Explicit confirmation of independent contractor relationship and its implications

6. Compensation and Commission Structure: Details of payment terms, commission rates, calculation methods, and payment timing

7. Term and Termination: Duration of the agreement and conditions for termination by either party

8. Obligations of the Contractor: Contractor's duties, sales targets, reporting requirements, and professional conduct

9. Company's Obligations: Company's responsibilities including product information, support, and training

10. Intellectual Property Rights: Protection of company's IP and usage rights granted to contractor

11. Confidentiality: Non-disclosure obligations regarding business information

12. Data Protection: GDPR compliance and data handling requirements

13. Non-Competition and Non-Solicitation: Restrictions during and after the contract period

14. Insurance and Liability: Required insurance coverage and limitation of liability provisions

15. Miscellaneous: Standard legal provisions including notices, amendments, and governing law

16. Signatures: Execution blocks for both parties